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View Diary: Dear GOP, here's how you change a law (189 comments)

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  •  The reconciliation process, like all the rules (6+ / 0-)

    set up by the Congress to govern how it conducts its business, is as legal as any other of those rules, such as the filibuster.

    The Bush Tax Cuts in 2001 and 2003 were passed using reconciliation to bypass the filibuster.

    COBRA was passed into law using reconciliation (the "RA" in COBRA stands for "Reconciliation Act".

    Reconciliation is not unconstitutional, and it is not extra-constitutional like the current extortion practiced by the Republican House.

    •  Apples to apples (0+ / 0-)

      There is not a thing unconstitutional about the current legislative maneuvers. But if you think there is, please specify the precise clause(s) of the Constitution that have been contravened.

      In any case, I did not suggest that the reconciliation is not legal, merely that it scarcely qualified as "the correct way" to pass major, substantive legislation.

      •  Where in the Constituion? (0+ / 0-)

        the part that gives Congress the power to make its own rules:

        Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
        That was too easy.

        Budget reconciliation is in the rules. Whatever the hell it is they're doing today is not.

        •  Wrong answer (0+ / 0-)

          The question was, "What clause of the Constitution is contravened by the House failing to pass the CR or any particular funding bill?"
          I suppose you might have tried to invoke the 14th amendment's language about recognition of public debt, but that novel and iffy interpretation is certainly no part of established law and, IMO, never will be.

          As for each house making its own rules, that is what makes the reconciliation process legal, as I said. Filibusters are also legal, but I wouldn't call them "the correct way" to delay or derail legislation, would you? To characterize reconciliation as "the correct way" to pass legislation is at best disingenuous. And it is also, IMO, precisely the kind of imprudent maneuver that will come back to bite us in the ass.

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